FMCSA amends section of CDL rule

Feb. 1, 2003
Truck drivers with a commercial driver license (CDL) have received a break in the CDL rules related to offenses committed while driving a non-commercial

Truck drivers with a commercial driver license (CDL) have received a break in the CDL rules related to offenses committed while driving a non-commercial motor vehicle, according to Federal Motor Carrier Safety Administration (FMCSA) information published January 29 in the Federal Register.

The final rule provides that disqualifications for offenses committed by a CDL holder while operating a non-commercial motor vehicle (non-CMV) would apply only if the conviction for such offenses results in revocation, cancellation, or suspension of the CDL holder's license or non-CMV driving privileges.

The FMCSA amended its CDL rules, effective January 29, concerning disqualification of drivers to make a correction in response to a petition for reconsideration filed by the International Brotherhood of Teamsters, the Transport Workers Union of America, the Transportation Trades Department of the AFL-CIO, and the Amalgamated Transit Union.

At the same time, the agency denies the group's request to shorten the disqualification periods driving a non-CMV while under the influence of controlled substances or alcohol, and establish a means to disqualify foreign drivers for offenses committed in a non-CMV in the country of domicile. Section 201(b) of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) requires that FMCSA issue regulations providing for the disqualification of CDL holders convicted of a serious offense involving a non-CMV that results in revocation, cancellation, or suspension of the person's driver's license, or a drug or alcohol related offense involving a non-CMV.

The MCSIA also requires FMCSA to establish minimum disqualification periods for non-CMV offenses based on the seriousness of the offense. However, disqualification periods for non-CMV offenses must not exceed the disqualification periods for offenses involving a CMV, the FMCSA rule says.

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